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Johnson v Rollerworld - Compensation for future loss can only be capped by reference to future potentially fair dismissals [2010] EAT

Employment Tribunals can limit the amount of compensation awarded for unfair dismissal based on the length of time an employee is likely to remain in that employment. However, this length of time cannot be calculated by reference to future dismissals which are themselves potentially unfair.

Mr Johnson worked as a Duty Manager at Rollerworld - a roller skating rink owned by Mr Starr. There was an altercation between Mr Johnson and Mr Starr: Mr Johnson believed Mr Starr had deliberately trodden on his foot and claimed that he had been assaulted; Mr Starr denied that allegation (and both the Police and Bury St Edmunds Employment Tribunal later agreed that it was an accident); Mr Johnson followed Mr Starr around the workplace, speaking in a raised voice and complaining loudly. This was subsequently said to be inappropriate behaviour but not abusive, swearing or threatening in nature; it was rude and accusatory. As a result of this altercation Rollerwood dismissed Mr Johnson. He brought an Employment Tribunal claim against them for unfair dismissal.

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